Page:Oregon Historical Quarterly vol. 9.djvu/360

332 T. W. Davenport. and the doctrine of free will is still preached. And althougJi the Oregon Constitution, in its bill of rights, demands that ' ' laws for the punishment of crime shall be founded upon the principle of reformation and not of vindictive justice," yet with laws so administered, but little progress has been made in deterring those criminally inclined, and likely for the reason that the most numerous and influential conditions of crime, though removable, are not reached by the one fear of punishment. Notwithstanding these patent facts, book educa- tion and penal laws seem to be the trusted remedies for th*^ cure of misconduct, instead of removing the temptations arising from unjust laws and other maladjustments in society, which are especially fruitful of criminality. It is entirely within the truth to assert that society is not now and never has been governed in conformity with the basic principles of man's nature so as to produce or even approximate a normal state. And, indeed, such a state has never been the purpose of the governing classes, though always declaring in favor of justice. From sheer selfishness, rulers have been unwilling to practice justice. They dare not deny the Golden Rule, but not one in ten thousand has the fraternal courage to adopt it a® a rule of action. It is said the Golden Rule is impractical in gov- ernmental affairs, and from an inspection of them, who can divine the purpose ? for the course holds good to neither pole— at best a compromise of good and ill, a paltry average of human selfishness. But let that pass and inquire how can we judge of the moral turpitude of offenders or the moral worth of the law-abiding, without an examination of natural laws, and the statute laws they are required to obey? How shall we know of the degree of human worth, without such exami- nation, the temptation to which men are exposed, and from them obtain a proximate standard of practical morality ? The fact that a person is a law-breaker may not be to his dis- credit; rather to his credit. That depends on the law and the attendant circumstances. Disobedience to laws that are an offense to human rights, is a proof of virtue. The penal colonies of Great Britain were peopled in great part by law-